The Supreme Court has dismissed an application filed by the petitioner praying the court to order the Electoral Commission to produce some documents for his inspection. The Court said the petitioner has duplicate copies of the documents requested.
According to the court, under the Evidence Act, the duplicate of a document is admissible as the original unless a genuine question is raised about its authenticity. It said in this instance no issue has been raised regarding the duplicates in the possession of the petitioner.
The Court also held that the petitioner failed to make a proper case to warrant the grant of the application which is discretionary. Counsel for the Petitioner, Tsatsu Tsikata wanted the Supreme Court to order the Electoral Commission to make available the originals of some documents for their inspection and proper validation to ascertain what figures were used in the declaration of the presidential election results.
He submitted that the request was necessary in view of the conflicting figures in the declaration of the presidential results.
He claimed that it remains unclear which correct figures formed the basis for the declaration of the presidential results by the Chairperson of the EC. He was of the opinion that granting the request was the only way to satisfy themselves.
